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ARTICLE · 11 OCTOBER 2023

How does an executor exercise mortgage rights?

Discusses the role of the executor & shows how it can be surprisingly complicated.

AustraliaFamily and Matrimonial

The role of an executor of an estate is to carry out the directions contained in a will and legally administer the estate after the will-maker has passed away. Sometimes that can be trickier than you might think.

To do the task properly (and avoid personal liability), an executor must keep these three things in mind:

  1. the need to understand the legal, financial and taxation implications involved
  2. maintaining independence if there are disputes concerning the administration of the estate
  3. the personal and financial liability involved should the executor mismanage the estate.

One function of an executor is to sell estate assets prior to the distribution of the estate. This can give rise to complications.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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